Mary E. Haley v. Harris County, on Behalf of Itself and the Following County-Wide Taxing Authorities,The Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District
Order filed November 8, 2012.
In The
Fourteenth Court of Appeals
____________
NO. 14-11-01051-CV
____________
MARY E. HALEY, Appellant
V.
HARRIS COUNTY, ON BEHALF OF ITSELF AND THE FOLLOWING
COUNTY-WIDE TAXING AUTHORITIES: THE HARRIS COUNTY
DEPARTMENT OF EDUCATION, THE PORT OF HOUSTON
AUTHORITY OF HARRIS COUNTY, THE HARRIS COUNTY FLOOD
CONTROL DISTRICT, THE HARRIS COUNTY HOSPITAL DISTRICT,
CITY OF HOUSTON, HOUSTON INDEPENDENT SCHOOL DISTRICT,
and HOUSTON COMMUNITY COLLEGE SYSTEM, Appellees
On Appeal from the 129th District Court
Harris County, Texas
Trial Court Cause No. 2009-36582
ORDER
This court issued a Memorandum Opinion affirming the trial court’s judgment on
October 18, 2012, and our judgment of affirmance was rendered the same day.
Appellant’s motion for rehearing or reconsideration was due within 15 days after this
court’s judgment was rendered. See Tex. App. P. 49.1. Therefore, appellant’s motion for
reconsideration was due on November 2, 2012. Appellant’s motion for rehearing was e-
filed on Saturday, November 3, 2012, however. When a motion is e-filed on a Saturday,
it is deemed filed on the following Monday, if it is not a holiday. See Tex. App.—
Houston [14th Dist.] Loc. R. 4(g)(2). Therefore, appellant’s motion for reconsideration is
deemed filed on Monday, November 5, 2012.
If a motion for rehearing or reconsideration is filed within 15 days of its due date,
a party may filed a motion for extension of time. See Tex. R. App. P. 49.8. Appellant’s
motion was filed within 15 days of its due date, but no motion for extension of time was
filed.
Accordingly, we ORDER appellant to file a proper motion to extend time, to file
the motion for reconsideration, in accordance with Rules 10.5(b) and 49.8, within 10
days of the date of this order. If appellant does not comply with this order, the court will
strike the motion for reconsideration as untimely. See Tex. R. App. P. 49.1.
PER CURIAM
2